Last Updated: 17 October 2009
By using this website, you agree to these Terms.
Last Updated: 17 October 2009
By using this website, you agree to these Terms.
We reserve the right to modify, discontinue, or terminate your access to this Site or any Service, or any portion thereof, in its sole discretion, without notice or limitation, for any reason. We shall have no liability to you for terminating your access to the Site or any Service. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of your access to the Site or any Service.
Intellectual Property Rights; No Warranty. All content on this Site or available through any Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “content”) is protected by the intellectual property rights of Spiderholster.com, its licensors or affiliates. Spiderholster.com, its licensors and its suppliers, make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content on the Site or any Service.
License. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Spiderholster.com has in the content of the Site, to privately display and perform the content on one computer for your own personal, noncommercial purposes. We reserve all rights in the content of the Site, including any software, not expressly granted here. We do not in any way grant any other rights to you. Except as expressly stated herein, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content without prior written consent from us or other third-party owner of the rights in that content (if any).
User Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, “submissions”) to us through this Site or any Service, you represent, warrant and agree that: (i) your submission does not include confidential or proprietary information; (ii) if we so choose, we may use and disclose your submission in any way; and (iii) we have no obligation to pay or reimburse you for your submissions or our use of your submissions.
THIRD PARTY INFORMATION.
We may provide, through the Site or Services, information (“Third Party Information”) obtained from our licensors, affiliates, agents, vendors, or partners (“Third Party Providers”). We do not endorse or approve Third Party Information, and make it available to you only as a service for your convenience. We together with our Third Party Providers do not (1) guarantee the accuracy, quality, timeliness, completeness or correct sequencing of the Third Party Information, or (2) warrant any results from your use or reliance on the Third Party Information. Third Party Information may quickly become unreliable for various reasons including, changes in circumstances. Neither Spiderholster.com nor Third Party Providers are obligated to update any information or opinions contained in any Third Party Information, and may discontinue offering Third Party Information at any time without notice. You agree that neither Spiderholster.com nor the Third Party Providers will be liable in any way for the termination, interruption, delay, or inaccuracy of any Third Party Information.
We, our licensors or affiliates, are entitled but not obligated to review or retain your communications with us. We may monitor your communications with us to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Site and Services, or for any other reason. You agree that such monitoring will not entitle you to any cause of action or other right with respect to the manner in which we monitor your communications and enforce or fail to enforce this Agreement or any applicable rules or guidelines. In no event will we be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of our monitoring.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Spiderholster.com has designated Miller Mayer LLP, 202 East State Street, Ithaca, NY 14850 as Copyright Agent of the Company, to receive notifications of claimed infringement. If you believe that your work has been copied and is accessible on the Site, in a way that constitutes copyright infringement, you may notify Spiderholster.com by providing its Copyright Agent with the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (3) Identification of the URL or other specific location on the Site where the allegedly infringing material is located; (4) Your address, telephone number and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent to act on behalf of the copyright owner.
SECURITY OF DATA TRANSMISSION AND STORAGE.
Electronic communications or transactions with us may not be encrypted. You acknowledge that there is a risk that data, including email, electronic communications and personal data, may not be secure and may be accessed by unauthorized third parties when communicated between you and us or between you and other parties. We are not responsible for, do not control, and disclaim all liability for, the loss of any information, data or other assets resulting from the inadequacy, failure, or mere lack or security of any network or other computer system owned and or operated by you or other parties. We do not guarantee the security or integrity of the Site or Services and shall not be liable for the consequences of any breach of security of the Site or Services. We strongly recommends that you maintain basic security measures such as firewalls and password protections at all times to protect proprietary and sensitive information.
PROHIBITED CONDUCT; LIQUIDATED DAMAGES.
You must not do, or attempt to do, any of the following, as reasonably determined by Spiderholster.com, subject to applicable law: (i) Access or use of Services other than in compliance with applicable law (including export laws), contract rights, intellectual property rights or in a manner that constitutes a tort, or for any purpose that is harmful or unintended (by us), or that is not in full compliance with these Terms; (ii) Access, tamper with, or use Services that you are not authorized to access; (iii) Alter information on or obtained from the Site; (iv) Tamper with Content belonging to Spiderholster.com or other users of Spiderholster.com; (v) Use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or any Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (vi) Frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us; (vii) Impersonate or misrepresent your affiliation with any person or entity; (viii) Reverse engineer any licensed software, application, tools or any other aspect of the Site or any Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site or any Service; (ix) Send to or otherwise impact the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive codes such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or (x) Take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED COMMUNICATION”) THROUGH THE SITE OR ANY SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO SPIDERHOLSTER.COM, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $50 FOR EACH SUCH UNSOLICITED COMMUNICATION. INDEMNIFICATION.
You agree to hold Shai Gear LLC and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, arising out of or related to: (i) your access to and use of the Site, any Services and/or content on the Site; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have related to any merchant or advertising found on or through the Site; (iv) your improper authorization for us to collect, use or disclose any content provided by you; and (v) any disclosures made with your permission.
DISCLAIMER AND WARRANTIES.
WE PROVIDE THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE”. WE CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. USERS OF THE SITE AND/OR SERVICES ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO SPIDERHOLSTER.COM FOR THE RECONSTRUCTION OF ANY LOST DATA. YOUR ACCESS TO THIS SITE IS VOLUNTARY AND AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICES OR CONTENT INCLUDED ON THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY OTHER PARTY EXCEED, THE TOTAL AMOUNTS PAID BY YOU TO US.
NOTICES AND CONTACT INFORMATION.
We will give you notices by posting them on this Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You authorize us to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address you provide to us. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you on the Site or when sent by us via electronic mail, whether or not received by you. With the exception of notices related to removal of licensed material and to copyright infringement as described above, you must send us any notice by mailing it to our address for Legal Notices set forth below.
All transactions with us may, at our option, be conducted electronically. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for Indemnified Persons, there are no third party beneficiaries of these Terms. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without our express written permission. We may freely transfer, assign and delegate these Terms to one or more third parties without your permission.
This Site is controlled by us from the State of New York in the United States of America and is directed to U.S. users. If you access the Site from locations outside the US, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use the Site in violation of U.S. laws and regulations or these Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, USA., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Tompkins County, NY. Any action concerning any dispute with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
If you have a complaint, you may contact us at Shai Gear, LLC, Legal Department, c/o Miller Mayer, LLP, 202 East State Street, Ithaca, NY 14850, U.S.A. If you are a New York resident, the New York State Consumer Protection Board may be contacted at 5 Empire State Plaza, Suite 2101 Albany, New York 12223 or 800-697-1220.
YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO SPIDERHOLSTER.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARK OWNERSHIP
The trademarks Spiderholster, Shai Gear, LLC and all other trademarks listed below or used in the Site are owned or used under license by Shai Gear, LLC. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP
© Shai Gear, LLC. All rights reserved.